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View Diary: Federal judge in D.C. upholds Affordable Care Act (36 comments)

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  •  I don't think this is a good ruling at all (1+ / 0-)
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    That she rejected the argument that Congress had the authority to enact the Affordable Care Act under the General Welfare Clause because Congress "did not intend [the law] to operate as a tax." is nonsense.

    So Congress doesn't have authority to regulate an industry that affects over 18% of the economy?



    Mitch Gore

    Who is a Tea Partier? Someone who listens to Glenn Beck. Who's an anti-Tea Partier? Someone who understands Glenn Beck

    by Lestatdelc on Tue Feb 22, 2011 at 08:09:06 PM PST

    •  But you contradict yourself (0+ / 0-)

      If this is about regulating an industry that affects the economy, and not about raising revenue, you are exactly supporting the court's contention that:

      (a) it's not a tax (something that's designed to raise money that will be spent "for the general welfare"); in fact, we hope that as few people as possible will choose to pay the "tax"
      (b) it is a regulation, something that's constitutional because it affects "commerce among the several States" under the Commerce clause.

      There may be tax elements of the affordable care act, but in my opinion, the court's opinion made a very good case that the individual mandate that was the subject of this particular lawsuit was not one of them.

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